Immigration Lawyer Perth and Migration Agent Perth | If you have a complex case such as a visa refusal or cancellation, health and character matters or if you require a Ministerial Intervention, it can be difficult to know when you may need a registered migration agent or immigration lawyer in Perth. Many people assume they need an immigration lawyer without knowing the difference between the two. A migration agent and an immigration lawyer can help you in very different ways. It’s important you know which visa circumstances will require a migration agent or immigration lawyer. Continue reading our page to find out more!
In Australia, migration agents require registration by the Office of Migration Regulations Authority to provide advice on migration matters that do not need court proceedings. Both migration agents and immigration lawyers are qualified to advise on how the Migration Act 1958 applies to your circumstances.
The key difference is immigration lawyers can assist with court matters. Consequently, it is worth considering if your case requires representation in court. If you are unsure, our registered migration agents can review your case. We will advise if you need the services of an immigration lawyer.
In many cases, court representation is only required if your options for a merits review (such as applications to the Administrative Appeals Tribunal) have already been exhausted. A migration agent that is experienced in managing complex cases can assist you with an application to the Administrative Appeals Tribunal and appeal the Government’s decision to refuse or cancel your visa.
As an established migration agency with over 30 years of experience, Interstaff are experienced in complex migration matters. Being involved in an extensive variety and number of cases throughout the years makes our team highly recommended.
An experienced registered migration agent can assist with complex migration issues such as the below:
Depending on your circumstances, these cases may not require representation in court. However, they usually require comprehensive migration advice to determine your options to challenge a visa decision by the Department of Home Affairs and guide you through the process. Therefore, if you choose a migration agent to assist with your complex case, it is important to choose one that has the knowledge and experience to do so. Read here to understand how we assist with complex cases.
One of the most common reasons a person will seek professional migration advice is when they have received a visa refusal notice from the Department of Home Affairs. The decision letter from the Department will usually tell you if the visa refusal decision can be reviewed. It may or may not always be clear as to why your visa was refused, although the Department letter should provide some indication. You will usually also have a deadline to appeal your case if you choose to do so.
Appealing a visa decision is usually done through the Administrative Appeals Tribunal (AAT). This process usually does not require court representation and therefore may not require the services of an immigration lawyer. A migration agent that is experienced in complex cases, such as Interstaff, can assess the refusal notice, your submitted application, and your circumstances during a consultation. They can then advise whether you should appeal the Department’s decision by discussing a strategy you should pursue and how you should prepare your evidence for the AAT.
The AAT conducts independent reviews of decisions made under Commonwealth laws by Australian Government ministers, Departments and agencies and, where applicable, decisions made by state government and non-government bodies. This includes migration, visa-related and Citizenship decisions. The AAT aim to take an independent look at the evidence, law and policy to arrive at their own decision on whether your visa should have been refused.
Based on their assessment of what is legally correct and reasonable, the AAT can:
Professional migration advice can help you understand how you should prepare your evidence for the AAT to support your case for a visa refusal appeal.
Like immigration lawyers, Registered Migration Agents are qualified to advise on Australian migration law. However not all migration agents or lawyers may be experienced in managing complex cases. When choosing one to manage your case, you should consider their experience and whether they have previously assisted with cases like yours.
Visa refusals and cancellations require meticulous attention to detail and a strategy on how you can provide your evidence in a way that demonstrates how you meet the requirements of the application. Not to mention, the Government gives applicants a time limit to prepare their appeal. If you are considering using a migration agent to assist with a complex case, you may benefit from choosing one that specialises in similar cases.
Interstaff has over 30 years of experience in managing complex visa and migration cases. Since 1988, we have assisted people to successfully challenge visa refusal and cancellation decisions made by the Department of Home Affairs. If you are looking for a migration agency with decades of visa appeal experience, we are here to assist you. The first step is to contact our team of migration agents. We will assess your case and determine whether you can appeal your visa decision. This may require you to send through a copy of your visa refusal notice. We can also advise if we believe you may require the services of immigration lawyers.
“Please accept our thanks and appreciation for your thoroughness in going the extra mile for us. We would have no hesitation in recommending Interstaff’s migration and legal services to any future clients. We have, in fact, already done so on several occasions.”
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